when a man threw a stone at him, which he returned with a difcharge of small shot, (with which one barrel of his double piece was loaded). The man, having a thick mat before him, received little or no hurt: he brandished his fpear, and threatened to dart it at Captain Cook, who being still unwilling to take away his life, instead of firing with ball, knocked him down with his mutket. Ile expoftulated strongly with the most forward of the crowd, upon their turbulent behaviour. He had given up all thoughts of getting the king on board, as it appeared impracticable; and his care was then only to act on the defenfive, and to fecure a fafe embarkation for his small party, which was closely pressed by a body of feveral thousand people. Keowa, the king's fon, who was in the pinnace, being alarmed on hearing the first firing, was, at his own entreaty, put on shore again; -for even at that time Mr. Roberts, who commanded her, did not apprehend that Captain Cook's perfon was in any danger: otherwife he would have detained the prince, which, no doubt, would have been a great check on the Indians. One man was observed, behind a double canoe, in the action of dart

ing his fpear at Captain Cook, who was forced to fire at him in his own defence, but happened to kill another close to him, equally forward in the tumult: the ferjeant observing that he had miffed the man he aimed at, received orders to fire at him, which he did, and killed him. By this time, the impetuofity of the Indians was fomewhat repressed; they fell back in a body, and feemed ftaggered but being pushed on by those bebind, they returned to the charge, and poured a volicy of stones among the marines, who, without waiting for orders, returned it with a general discharge of mufketry, which was inftantly followed by a fire from the boats. At this Captain Cook was heard to express his aftonifhment: he waved his hand to the boats, called to them to ceafe firing, and to come nearer in to receive the marines, Mr. Roberts immediately brought the pinnace as close to the shore as he could, without grounding, notwithstanding the showers of stones that fell among the people: but Mr. John Williamfon, the lieutenant, who commanded in the launch, instead of palling in to the affiftance of Captain Cook, withdrew his boat further off, at the moment that every thing feems to have depended upon the timely exertions of those in the boats. By his own account, he miftook the signal: but be that as it may, this circumftance appears to me, to have decided the fatal turn of the affair, and to have removed every chance which remained with Captain Cook, of efcaping with his life. The business of faving the marines out of the water, in confequence of that, fell altogether upon the pin

nace; which thereby became fo much crouded, that the crew were, in a great meafure, prevented from using their fire-arms, or giving what affiftance they otherwise might have done, to Captain Cook; fo that he feems, at the most critical point of time, to have wanted the affittance of both boats, owing to the removal of the launch. For norwithstanding that they kept up a fire on the crowd from the fituation to which they removed in that boat, the fatal confufion which ensued on her being withdrawn, to say the least of it, must have prevented the full effect, that the prompt co operation of the two boats, according to Captain Cook's orders, muft have had, towards the prefervation of himfelf and his people. At that time, it was to the boats alone that Captain Cook had to look for his fafety; for when the marines had fired, the Indians rushed among them, and forced them into the water, where four of them were killed: their lieutenant was wounded, but fortunately escaped, and was taken up by the pinnace. Captain Cook was then the only one remaining on the rock: he was obferved making for the pinnace, holding his left hand against the back of his head, to guard it from the ftones, and carrying his mulquaz under the other arm. An Indian was feen following him, but with caution and timi. dity; for he flopped once or twice, as if un determined to proceed. At left he advanced upon him unawares, and with a large club, or common ftake, gave him a blow on the back of the head, and then precipitately rotreated. The ttroke feemed to have fluotacd Captain Cook: he staggered a few prees, then fell on his hand and one keee, and dropped his musqast. As he was rifing, and before he cou'd recover his feet, another Indian stabbed him in the back of the neck with an iron dagger. He then fell into a bite of water about knee deep, where others crowded upon tant, and endeavoured to keep him under; bat struggling very strongly with them, he got his head up, and cafting his look towards the pinnace, feemed to folicit affiftance. Though the boat was not above five or fix yards dittant from bim, yet from the crowded and confufed ftate of the crew, it feems it was not in their power to fave him. The Indians got him under again, but in deeper water he was, however, able to get his head up once mere, and being almoft fpent in the struggle, he naturally turned to the rock, and was endeavouring to fupport himself by it, when a favage gave him a blow with a club, and he was feen alive no more. They hauled him up lifeless on the rocks, where they feemed to take a savage pleasure in afing every barbarity to his dead body, snatching the daggers out of each other's hands, to have the horrid fatisfaction of prereing the fallen victim of their barbarous rage

H

HOUSE

MAY 15.

EARD counsel further on the Stourbridge Canal bill.-After the Counsel had withdrawn,

Lord Bathurst wished that the quef. tion, whether or not a proprietor of higher grounds had a free and uncontrollable right to divert the course of a rivulet or stream to the detriment of the proprietor of lower grounds, might be referred to the Judges for their opinion.

Lord Loughborough, in a few words, demonftrated that there was no neceffity for fuch reference, as the point had always been confidered a decided one, that a proprietor of grounds might do what he pleased with the water which paffed through them; but that if he injured the interests of his neighbours by se doing, an action of trespass lay against

him.

The House then proceeded to hear Counsel in the cause. Adjourned.

MAY 16.

Lord Dudley addressed their Lordships. He was anxious, in the first instance, to wipe away the imputation which had been thrown upon the bill by its enemies, who had called it a job, his Lordship's job. The fact was fo far the contrary, that it was with great difficulty he had been induced to give his affent to the scheme; and it was after very mature deliberation, and a full conviction of its utility, that he had patronized it, after an examination of every part of the plan -The proprietors of the collieries, in the line through which the canal would pass, to the number of thirty, fo far from confidering that his Lordship wanted to establish a monopoly for his own coals, were themfelves the greatest advocates for the bill. A noble Lord [Lord Foley] who was pof. fefsed of very great property in the neighbourhood, was originally against the bill; but after weighing the plan, and confidering all its consequences, was become an advocate for it, and had taken an active part in that House in its favour. His Lordship then entered into a very diffuse defence of the bill, and answered every objection that had been raifed, and particularly adverted to the articles of coal and lime, which would be diftributed through the whole county by means, of the canal. He conchaded with moving, that the bill might be referred to a Committee, to receive any amendments that might be neceffary.

The Bishop of Llandaff confidered the hill in a very different point of view. Its public utility was very doubtful; its private inju

ries were certain. Suppose, said the learned Prelate, that the town of Bromsgrove and its vicinity should be benefited 20001. per ann. and the private injury was only scol. per ann. furely that was sufficient ground for objecting to the bill; because parliament would never benefit one class of men to the prejudice of another. His Lordship's speech was delivered in very elegant and logical terms, directed in the most pointed manner against the bill,

The Bishop of Salisbury alfo spoke with great energy against the bill.

At half after seven o'clock the House divided, when there appeared for committing the bill,

Contents

Non-contents

Confequently the bill was thrown out, and the House immediately adjourned.

MAY 22.

The Royal Affent was given by commif fion to the bill for appointing Commiffioners to carry into execution the land tax of 1786 -the Scotch Schools bill-the Newfoundland fishery bill-the Margate Play-house billthe Coventry canal bill-and to thirteen public and eight private bills.

The order of the day being read, that the bill for appropriating one million annually for the extinction of the national debt, be read,

Lord Loughborough hoped that the bill would be printed for the use of their Lordships. Being informed, however, by Lord Bathurst, that it was contrary to the custom of the House to print a bill of that nature, the question on the motion was put, and it was agreed that the bill should be committed on Thurfday next.

Earl Stanhope, in confequence of their Lordships summons on the present bufiress, though the future difcuffion of it was to be poftponed to Thursday, could not help ftat. ing his objections to the plan; that no meafure had been adopted, or was likely to be adopted, in order to secure its permanency, and confequently that effect which it was intended to produce. He reasoned with respect to the perfection of his own fyftem in this point of view, and went into a general detail of it. The plan he had laid down was exempt from those objections which naturally rofe from the scheme in agitation, relative to the temptation that ambitious minifters would lie under, of availing themselves of a number of those reliefs, and of various pecuniary resources which would naturally accrue in the course of a few years from its adoption. Every means ought therefore to

be employed to prevent this evil. For this purpote he faw only one mode of fecurity, which was fo to connect the public creditor with the ftate, as to render it impracticable. Having made a motion to this effect,

Lord Camelford refifted its being adopted in the present stage of the business, as a refolution of the House.

Lord Sydney expressed many obligations to the noble Earl (Stanhope), but was for moving the previous question on the motion.

Lord Loughborough had not made up his mind sufficiently to the present motion, and hoped the confideration of it might be poftponed to fome other occafion.

The Duke of Richmond opposed the legiflature adopting any permanent system as unconftitutional, and as tending to deprive future legiflators of their right.

Lord Stormont was for a fubfequent dif

cuffion of the refolution.

Earl Stanhope having little hopes of carrying his motion on any fubfequent day, faid, that he wished it to stand on the Journals of the House. Were the previous question put on it, he should not obtain the object.

The question was then put on the original motion, and it was, without a divifion, negatived.

The Duke of Richmond moved, that there should be laid before the House, a copy of the report of the Select Committee of the House of Commons, which motion was agreed to.

MAY 25.

The anfwer to their Lordships message to the House of Commons on the Surplus bill, declining the tranfmiffion of any grounds of judgment on which they had paffed the above bill being read, a thort converfation took place, relative to the House resolving itself into a Committee that day for the further confideration of it.

Lord Stormont appealed to their Lordships fentiments of propriety, whether fuch a measure would be decent, and asked their Lordships, whether they were prepared to go blindfold into a meature, with respect to the grounds of which they had been denied that information which they had reason to expect; and as none of his Majesty's minitters were in the House at that period to anfwer any questions which might be fuggested relative to it, he thought it would be improper to take the business into further confideration.

Lord Sydney coming in foon after, apologized very fatisfactorily for his absence, and declared h.mfeif ready to give every information in his power on the fubject. He explained the nature of the bill, and hoped

that their Lordships would find sufficient reafon for adopting it.

Lord Loughborough expressed much furprife at the return to their Lordships' meffage from the House of Commons. He had confidered that message as a minifterial mea. fure. From what had paffed on Monday, he had every right to view it in that light; and how that message should have met with fuch a fate under alt its circumstances, he was at a loss to conjecture. He hoped the noble Lord who had spoken last, would have at leaft the courage to explain it.

Lord Sydney vindicated his conduct, and hoped that when the noble Lord threw any imputation on his courage, he would do it in those places and in that manner in which he could with most propriety resent it.

Lord Loughborough apologised to the noble Lord for what had fallen from him respecting his courage. He had faid nothing that could in any respect injure that part of his character, of which he entertained as high an opinion as any man.

Lord Carlifle opposed the going into a Committee without the grounds on which the bil was founded being laid before the House.

The motion being then put, that the House refolve itself into a Committee, it was agreed to without a divifion.

Lord Stormont then gave his opinion at large on the bill. He next went into a minute difcuffion of the report of the Committee of the House of Commons, which he treated in the light of a pamphlet. He recapitulated the various arguments urged in the other House against the statements contained in it, and fuggested that the operations of France relative to its fortifications at Cherburgh, and on the continent oppofite to us, indicated warlike intentions; and that there was on this account no probability of our peace-ettablishment being reduced.

Lord Loughborough, in a speech of fome length, went into the detail of the bill, and attempted to shew that it was founded in illufive principles-It was a monument which had been built like a cattle in the air, without a foundation. He laid it had already given a false rise to the funds, and this rife would of itself defeat the very object of the bill, as the Commiffioners entrusted with the management of the furplus must buy at a rate much higher than the real value of the stock, taken in comparifon with the proportional value of other articles, for the fact, was, that fince the scheme respecting the finking fund had been agitated tłock had rifen, and he made no doubt would rife far beyond the value of any other article.

The Duke of Richmond attributed this cir

cumftance to the very extraordinary balance

HOUSE OF

MAY 8.

R. Gilbert brought up M up the report of the Committee to confider of the most effectual means to prevent the present frauds which exift in the adulteration of wine, which was read and agreed to.

Mr. Sheridan defired to know whether there was any account in the House of the number of licences which had been granted to perfons feling wine; and on it being hinted that there was not, he moved, that there be laid before the House an account of the number of wine licences granted within these last five years, which was granted. He

then wished to be informed whether the bill was meant to be printed; and being answered in the negative, he gave notice that he should, whenever the bill came to be debated, move for it to be printed, and at the fame time take the sense of the House on the propriety of printing all tax bills. For his own part he thought that they, of all others, ought to be well understood, and made public before passed. - Mr. Pitt answered, "Very well."

The report of the Surplus or new Sinking-Fund Bill was brought up and read. Several gentlemen had motions to make for leave to bring up new clauses to be inferted in the bill; but Mr. Pulteney was the first to propose one: it had for its object to cause the notice of the intention of Parliament to pay off any ftock that should be at or above par, to be given as usual by the Speaker, and not by the Commissioners, who, acording to the present plan, were to be empowered by occafional Acts of Parliament, to be passed for the purpose, to issue the fame. Upon this a conversation took place between Mr. Pitt, Mr. Fox, Sir Grey Cooper, Mr. Dempfter, Mr. Sheridan, and others, in which the only object that all appeared to have in view was, who should most scrupulously guard against any measure that might bear even the semblance of a deviation from the strict letter of the engagements made with the public creditors, under the faith of the nation. Mr. Pitt at last observed, that as the subject was delicate, and all claufes in a bill of so much moment ought to be very maturely considered before they were admitted, it would be better for the House to take time to confider of the business, than to adopt, in a hurry, what might be afterwards found to be injurious to public credit. He moved, therefore, that the debate on the further confideration of the report should be adjourned to Wed. nesday next. The motion passed without oppofition.

Major Scott made several remarks on the charge delivered by Mr. Burke on Friday last concerning the unfortunate situation of Fizooiah Cawn. He concluded by moving for leave to present a petition from Mr. EUROP. MAG.

COMMONS.

Haftings, praying to be heard by himself or Counsel. The motion was agreed to; the petition brought up and read; and after some conversation between Mr. Burke, Major Scott, Mr. Pitt, &c. the motion for hearing Mr. Hastings by himself or Counsel paffed unanimously. The House then refolved itself into a Committee, the Hon. Mr. St. John in the chair, for the purpose of examining evidence on the business of Mr. Haftings. Major Marsac was called to the bar and examined; and after the investigation of a variety of other matters, connected with the subject of the impeachment, the House adjourned.

MAY 10.

The order of the day having been read for hearing Mr. Hastings in answer to the last charge against him, presented by Mr. Burke, Mr. Hastings was called in. When he got to the bar, he informed the House, that as foon as ever a copy of the charge was delivered to him, which was only on Monday, he had fet about drawing up an answer to it, and in that business he had been employed fince, both night and day. He was confequently alinost exhausted with the fatigue, which made him apprehend that he should not have strength enough to read the whole of his performance: he therefore requested that the House would indulge him so far as to suffer him to deliver it in writing to the Clerk; adding, that he would receive this indulgence as a very great favour from the House. His request was granted without any opposition. He then put his answer into the hands of the Clerk, and, bowing to the House, retired.

The House went into a Committee to take into confideration the duty on battens and deals.

Mr. Pitt faid, that perfons concerned in the trade had told him, that it would be more convenient, if an increase of revenue were to be derived from battens and deals, that an addition to the present unequal duty should be made, than that any difcrimination of fize should be adopted. To their opinion he would give way, though he thought his own a better; and therefore moved that a duty of 5s. per cent. in addition to the present duty, be laid on all battens, &c. imported.

The question was then put and carried without further converfation; and the House being ref med, refolved itself into a Committee on the militia bill, Mr. Powney in the chair, when a very irregular conversation took place. A clause being proposed for empowering ALL Justices of the Peace to act as Deputy Lieutenants for the purposes of the bill, it was opposed, and rejected on a division,

Ayes Noes